The Innocence Commission: Preventing Wrongful Convictions and Restoring the Criminal Justice System

Acknowledgments

Acknowledgments To say that this book owes to a team of collaborators hardly does justice to the process that spawned its subject. Without the Innocence Commission for Virginia (ICVA), there would have been no book, and without a dedicated steering committee, advisory board, and strong team of pro bono lawyers, the ICVA would not have succeeded. My thanks goes, first, to the cofounders of the ICVA: Don Salzman, Ginny Sloan, Julia Sullivan, and Misty Thomas. I cannot say enough good things about the four. Not only are they incredibly talented and dedicated , but they are delightful to work with as well. Each is especially patient and good-humored, having put up with me as chair of the ICVA. Misty’s replacement, Shawn Armbrust, has been a terrific addition , bringing energy, clear thinking, and a wonderfully wry sense of humor that helps brighten what otherwise might be a somber subject. The ICVA’s advisory board members—Joan Anderson, Steve Benjamin , Rodney Leffler, William Sessions, Frank Stokes, John Tucker, and John Whitehead—provided invaluable guidance, direction, and support as the ICVA pursued the investigations and published the report. They deserve special thanks for agreeing to associate with a fledging organization at a time when all we could show them was a blueprint for action . I only hope that the ICVA’s work, some of it described here, justi- fies their support. Most important, the ICVA’s work could not have been done without the tremendous contribution of attorneys from eleven terrific law firms, who helped conduct the case investigations, completed legal research projects, and prepared recommendations for the ICVA’s report. Some of these lawyers have since switched positions, but the firms deserve great credit for putting their money where their mouths are in supporting pro bono work. They make law a respectable profession and give lawyers a deservedly good name. Thanks go to the following law firms: ix Alston & Bird Arnold & Porter Collier, Shannon Scott Covington & Burling DLA, Piper, Rudnick, Gray & Cary Hogan & Hartson King & Spalding Morrison & Foerster Skadden, Arps, Slate, Meagher & Flom Steptoe & Johnson Troutman Sanders I first became interested in the subject of wrongful convictions while teaching an undergraduate honors clinical course on the death penalty in the fall of 2001. Little did those students know that their class would later help lead to the ICVA and this book, and for their interest and enthusiasm I am grateful. I also appreciate the influence of the many lawyers , justice officials, and scholars who have broadened my understanding of the criminal justice system and the process of reform. Among this group are Mark Agrast, Christopher Amolsch, Bill Dressel, Betsy Edwards, Keith Findley, Steve Hanlon, Robert Humphreys, Richard Leo, Michael Lieberman, Peter Loge, Barry Mahoney, Edwin Meese III, Christine Mumma, Janet Reno, Laurie Robinson, Frank Salvato, Dan Simon, Tom Sullivan, Rob Warden, and the anonymous reviewers for New York University Press. Similarly, I have had the good fortune to interact with several excellent journalists, who, perhaps without knowing it, have shown me how the subject of criminal justice reform can best reach an audience. For these lessons—and their able and pointed questions that keep me on my toes—I thank Margaret Edds, Frank Green, Laurence Hammack, Tom Jackman, Tim McGlone, and Candace Rondeaux. The ICVA was supported by three organizations: the Innocence Project of the National Capitol Region (now the Mid-Atlantic Innocence Project), the Constitution Project, and George Mason University’s Administration of Justice Program. I am grateful to each organization, although most so to George Mason University, where I am a faculty member . My colleagues at GMU have been supportive along the way, from my initial idea of the honors clinical course to the many hours I have devoted to the ICVA. Steve Mastrofski, chair of the Department of x | Acknowledgments Administration of Justice, deserves special thanks for his constant encouragement and pride throughout this project. I also am grateful to Jim Eaglin and the staff at the Federal Judicial Center, who allowed me time to complete the book while serving for a year as a Supreme Court Fellow. Although this book is based to a large extent on the ICVA’s work, it is not a duplicate of its report. When I quote from the ICVA’s report, I generally include a citation, especially in chapter 3, where some of the case summaries quote research reports conducted by the ICVA’s pro bono attorneys...